EB3 to EB2 porting ... requirements??

[John78696]

I have a I-485 pending with a priority date of Oct 2005 in EB3 from India. I am thinking of planning to file a new PERM application in EB2 as I have a MS in engineering + 2 years experience prior to joining the company in 2004.

1. At the time of filing I was a software engineer in my company, but later got promoted to senior software engineer. Does that entitle me to apply in EB2 category?
2. Is there a salary requirement that I should meet?
3. Can the company file a new PERM in EB2 even though they filed my PERM earlier in EB3 in 2005?
4. Do I need to be in H1-B status to file a PERM?

 

[ginnu]

I have a I-485 pending with a priority date of Oct 2005 in EB3 from India.

I am thinking of planning to file a new PERM application in EB2 as I have a MS in engineering + 2 years experience prior to joining the company in 2004.
--------------- Only US employer can file PERM. you can have Master degree+ 10 year exp or Phd it all depends on employer if he is ready to file LC in EB2. FYI the experience gained with same employer is not counted if same employer is going to file EB2
1. At the time of filing I was a software engineer in my company, but later got promoted to senior software engineer. Does that entitle me to apply in EB2 category?
-------- Exp gained with same employer will not be counted for EB2. if other employer is ready to file in EB2 then you can use the exp.
2. Is there a salary requirement that I should meet?
----- For EB2 salary has to be more on LC than EB3
3. Can the company file a new PERM in EB2 even though they filed my PERM earlier in EB3 in 2005?
---read above

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